Archive · 22 Aug 2026
Mahmood Defends Controversial Early Release Plan Amid Prison Capacity Crisis
England and Wales are running out of room in their prisons.
Shabana Mahmood said there were fewer than 80 empty spaces when she was justice secretary.
Because of this, the government created a plan to release some prisoners earlier.
Around 5,000 prisoners could leave early, and some may serve only one-third of their sentences in prison.
Victims and their families are angry because some violent and sexual offenders could be included.
Andy Burnham paused the plan and ordered some serious offenders to be kept out.
The government says it is building more prisons, using electronic tags and improving probation services.
Critics say dangerous criminals should not be released early or excluded through selective decisions.
About 5,000 prisoners are expected to be released early over the next year, with some eligible after serving one-third of their sentences.
Shabana Mahmood said England and Wales had fewer than 80 available prison spaces when she became justice secretary.
Victims and their families have criticised the scheme, especially where violent or sexual offenders could benefit.
Andy Burnham paused the scheme and ordered rapists, serious child sex offenders and groomers to be excluded.
Men’s prisons are 98% full, with fewer than 1,800 spaces remaining, while the government plans 14,000 additional places.
- Who
- Shabana Mahmood defended the early release scheme; Andy Burnham later ordered changes, while victims’ families and campaigners criticised it.
- What
- A plan could release about 5,000 prisoners early, with some offenders eligible after serving one-third of their sentences.
- When
- The releases are due to occur over the next year; a decision on excluding the killers of PC Andrew Harper is expected when Parliament returns on September 1.
- Where
- England and Wales.
- Why
- The scheme was created because prisons were close to running out of space, which Mahmood said could have disrupted arrests, trials and the wider criminal justice system.
Government Capacity Argument
Victims’ and Critics’ Concerns
Need for early release
Government Capacity Argument
Mahmood said allowing prisons to run out of space could cause a wider criminal justice collapse, including preventing arrests and disrupting trials.
Victims’ and Critics’ Concerns
Victims and their families object to offenders who harmed them being released earlier than expected.
Treatment of dangerous offenders
Government Capacity Argument
The government says it is fast-tracking measures to keep more of the most dangerous offenders behind bars and is considering further exclusions.
Victims’ and Critics’ Concerns
Critics argue that dangerous offenders should not benefit from early release and have accused Burnham of selectively deciding which prisoners remain imprisoned.
Manslaughter exclusions
Government Capacity Argument
The government is considering excluding people convicted of manslaughter involving an unlawful act, potentially keeping the killers of PC Andrew Harper in prison longer.
Victims’ and Critics’ Concerns
Domestic abuse campaigners say the proposal would not cover some people convicted of voluntary manslaughter, creating another gap in protection.
- Planned early releases
- About 5,000 prisoners are due to be released earlier than expected over the next year.
- Minimum time served
- Some eligible prisoners could be released after serving one-third of their sentence.
- Prison capacity at Mahmood’s appointment
- Fewer than 80 spaces were available across England and Wales during her first week as justice secretary.
- Current men’s prison capacity
- Fewer than 1,800 spaces remain, leaving men’s prisons 98% full.
- New prison places
- The government says it is building 14,000 additional prison places.
- Excluded offenders
- Andy Burnham ordered rapists, serious child sex offenders and groomers to be excluded from the scheme.
- Electronic monitoring
- Eligible prisoners released into the community may be subject to electronic tagging and supervision.